THEATTOECNEY GENERAL
OF TEXAS
AUWIXN. Tnmias 78711
May 27, 1977
Honorable Ray Harris, CPA Opinion No. H-1003
San Patricia County Auditor
Sinton, Texas 18387 Re: Administrative assistant
for the Judge of the 156th
Judicial District.
Dear Mr. Harris:
You ask if it is "legal for the counties comprising the
156th Judicial District of Texas to budget for and provide
a deputy court reporter and/or administrative assistant for
the District Judge."
The 156th Judicial District is composed of the counties
of San Patricia, McMullen, Live Oak, Bee, and Aransas. V.T.C.S.
art. 199 (156). The statute provides for the appointment of
an official shorthand reporter for the court but it does not
refer to deputy reporters, to administrative assistants, secre-
taries or co-ordinators.
The appointment of deputy shorthand reporters is governed
by article 2323, V.T.C.S., which reads:
In case of illness, press of official work,
or unavoidable disability of the official
shorthand reporter to perform his duties in
reporting proceedings in court, the judge of
the court may, in his discretion, authorize
a deputy shorthand reporter to act during the
absence of said official shorthand reporter
. . . . The necessity for a deputy official
shorthand reporter shall be left entirely
within the discretion of the judge of the
court.
Thus, it is,within the discretion of the judge of the
156th Judicial District Court to appoint a deputy court
reporter if the judge deems such an appointment necessary
within the framework of the statute, and if such a deputy is
appointed, it is the duty of the commissioners court of each
P. 4154
Honorable Ray Harris, CPA - page 2 (H-1003)
county composing the judicial district to budget and pay such
deputy a salary set by the judge. See V.T.C.S. art. 3912k,
5 3; Attorney General Opinions H-9521977); H-731 (1975);
H-200 (1974); M-540 (1969); O-5305 (1943); O-3643 (1941);
O-2078 (1940). ---
See also V.T.C.S. arts. 2326j-59; 2326h; At-
torney General Letter Advisory No. 60 (1973).
The statutory duties of a court reporter are recited in
article 2324, V.T.C!S.; the duties of an official reporter
beyond statutory reouirements rest laraelv within the trial
c&t's discretion.- McCoy
-.. v. State, 2-S.W.2d 242 (Tex. Crim.
App. 1927). See Groves v. Gould, 102 S.W.Zd 1114 (Tex. Civ.
APP. -- Fort Worth 1936,x writ).
The county commissioners court is also authorized by
article 39121, V.T.C.S., to hire and provide compensation for
adequate secretarial personnel to assist any district officer
if it believes the action justified. Also, the district clerks
in each county are authorized by article 1898, V.T.C.S., to
appoint deputy clerks to aid them in discharging their duties,
which include acting as clerks for the 156th Judicial District
Court. V.T.C.S. art. 199 (1561, 5 4. Compare Attorney General
Opinion WW-1375 (1962) with Attorney General Opinion WW-415
(1958) -
and M-336 (1969).
In the context of your inquiry we construe the term
"administrative assistant' to be within the meaning of the
term "secretarial personnel" used by article 39121, but simi-
lar functions might be discharged at the direction of the judge
by either a deputy court reporter or by a deputy district clerk.
Consequently, we answer your question in the affirmative.
SUMMARY
The 156th Judicial District Court may be
provided with a deputy court ,reporter or
an administrative assistant, or both, and
the salaries for such p~ersonnel may'be
budgeted and paid by the counties com-
prising the 156th Judicial District.
gery truly yours,
L. HILL
Attorney General of Texas
P. 4155
. -
Honorable Ray Harris, CPA - page 3 (H-1003)
APPROVED:
'C. ROBERT HEATH, Chairman
Opinion Committee
kItI1
P. 4156